Opinion
Case No. CV 10-03652 DDP (Ex).
October 6, 2010
[Motion filed on August 24, 2010]
Order Granting Defendant's Motion to Dismiss (Dkt. No. 7.)
Defendants U.S. Bank National Associations filed a motion to dismiss Plaintiff's complaint on August 24, 2010, that was scheduled for a hearing for October 18, 2010. Because Plaintiffs have not filed an opposition, the Court GRANTS the motion.
Plaintiff's complaint arises from a claim to quiet title to the property located at 236 E. 102 N.E. Street, Los Angeles, California. Plaintiff filed suit against Defendants alleging that Defendants violated the Truth In Lending Act.
Pursuant to Local Rule 7-9, a party opposing a motion is required to file an opposition by no later than twenty-one days before the hearing. C.D. Cal. Local R. 7-9. Failure to file an opposition within the deadline may be deemed consent to granting the motion. C.D. Cal. Local R. 7-12. Therefore, Plaintiff's opposition to Defendants' motion was due by September 27, 2010. As of the date of this Order, Plaintiff has not filed an opposition, or any other filing that could be construed as a request to move the hearing date.
The Court construes Plaintiff's failure to oppose the motion as consent to granting the motion. Therefore, Defendants' motion to dismiss is granted and the complaint is dismissed with prejudice.
IT IS SO ORDERED.
Dated: October 6, 2010